Town of New Shoreham, RI Fishing

For purposes of this division and all licenses, permits and regulations issued by the town, a resident is defined as one who resides fulltime in the town.

Fulltime Block Island residency status is not affected by absence due to enrollment at an educational institution or fulfilling a military obligation providing that the resident is also a registered Block Island voter.

SHELLFISH, FINFISH AND CRAB

Fulltime Block Island residency status is not affected by absence, whatever the reason, of up to three months in any calendar year providing that the resident is also a registered Block Island voter.

(4)

The town council may, for cause shown, waive the fulltime residency requirements for such reasons, including but not limited to family obligations, illness or unusual work circumstances upon appeal within 30 days from a decision of any board, commission or licensing authority.

ROCK CRAB

Cancer irroratus.

SCUP

Stenotomus chrysops.

SEA SCALLOPS

Placopecten magellanicus.

SEINE

Means any net used to catch fish by encirclement or herding, including haul seines, beach seines, and purse seines; haul seines may not exceed 600 feet in length.

All species of mollusk and crustacea, including and without limitation, oysters, clams, soft-shell clams, sea clams, scallops, mussels, quahogs, crabs either blue, sand or rock, and flounder both winter and summer, and all other finfish naturally found in the Great Salt Pond.

SOFT-SHELL CLAM

Mya arenaria.

STRIPED BASS

Morone saxatilis.

SURF CLAM OR SEA CLAM

Spisula solidissima.

TAKE AND TAKING

The process and each of the activities in that process undertaken to remove the resource from its natural habitat until the time at which possession begins.

TAUTOG

Tautoga onitis.

TONGS

Any shellfishing implement constructed with heads attached to stales (handles) and pinned at a pivot point to allow the opening and closing of the basket mouth formed by the two.

TRANSFER

To convey, pass, or remove something from one person, place, and/or vessel to another.

TRAWL DEVICE

Any type of fishing apparatus drawn behind a vessel which consists of otter doors and/or ground cables, ropes, and/or netting. This will apply to, but not be limited to, beam trawls, otter trawls, Scottish trawls, and pair trawls.

TRIP LIMIT (POSSESSION LIMIT)

The maximum quantity of marine products/species that may be possessed by a vessel; vessels are only allowed one trip limit in possession.

VESSEL

Means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

WET STORAGE

The temporary storage, by a dealer, of shellfish from areas in approved classification or in open status of the conditionally approved classification, in containers or floats in natural bodies of water or tanks containing natural or synthetic seawater. Wet storage shall be practiced only by a licensed shellfish dealer in strict compliance with the provisions in the written approval for the wet storage given by the state department of health.

WINTER FLOUNDER

Pseudopleuronetes americanus (common name: black flounder flatfish).

WITCH FLOUNDER (GRAY SOLE)

Glyptocephalus cynoglossus.

YELLOWTAIL FLOUNDER

Limanda ferruginea.

§ 9-138 Shellfish commission.

[Rev. Ords. 1989, § 9-138; Ord. of 2-16-2000, § 9-138; Ord. of 9-4-2002, § 9-138; Ord. of 3-7-2011, § 9-138]

There is hereby established a shellfish commission to assist the town council in accomplishing the purposes of this division. The commission shall consist of no less than five nor more than nine members representative of all persons interested in shellfishing to be appointed by the town council. The members shall be appointed during the month of December for a term of three years. Any member may be reappointed for additional terms. In the event of the death, resignation or removal of a member, a successor shall be appointed to serve the remainder of the member's unexpired term.

The commission shall organize annually in the month of January by electing a chairman, a vice-chairman and a secretary. The secretary need not be a member of the commission. The commission may adopt bylaws subject to approval of the town council.

The commission shall perform all such other functions as may from time to time be referred or delegated to it by the town council. The commission may recommend a fee for shellfish licenses to be acted upon by the town council.

§ 9-139 License required for taking shellfish.

[Rev. Ords. 1989, § 9-139; Ord. of 2-16-2000, § 9-139; Ord. of 3-7-2011, § 9-139]

No person 14 years of age or older shall take any shellfish from the Great Salt Pond in the town by any method whatsoever without first having obtained a shellfish license from the agency or person designated as empowered by the town council to issue such licenses. Shellfish taken by persons under 14 years of age cannot be offered for sale or trade.

§ 9-140 Issuance of shellfish licenses; license categories; fee; term.

[Rev. Ords. 1989, § 9-140; Ord. of 6-18-1997, § 9-140; Ord. of 2-16-2000, § 9-140; Ord. of 6-20-2005; Ord. of 3-7-2011, § 9-140; Amd. of 6-4-2012; Ord. No. 2013-05, May 15, 2013, § 9-140]

The shellfish commission, the town clerk, the harbors dept., N.S.P.D. and such other persons as may be designated by the town council are empowered and authorized to issue shellfish licenses, as follows:

Commercial. An applicant for a commercial shellfish license, or a renewal thereof, shall have maintained a principal residence within the town continuously for no less than 12 consecutive months prior to the date of application or renewal. The annual fee for this license is on file in the town clerk's office. Applicants must hold a valid state commercial shellfish license with an appropriate shellfish endorsement, or multipurpose commercial license. Applications shall be made to the shellfish commission, who will then recommend action to the town council together with proof of residence. The maximum number of Block Island commercial shellfish licenses to be sold in a given year (January 1 through December 31) shall not exceed 20 and no more than one Block Island nonresidential commercial shellfish license shall be issued. All said licenses are nontransferable. Commercial licenses shall be for a period of one year, January 1 through December 31. Any existing license not renewed by the town council prior to January 1 of each year, and not issued by the town clerk in exchange for receipt of the required fee prior to February 1 of each year shall be forfeited.

Taxpayer and/or resident. An applicant for a taxpayer and/or resident shellfish license, or renewal thereof, shall be a person who is a real estate taxpayer and/or resident. Taxpayer and/or resident licenses shall be for a period of one year; May 16 through May 15 of each year. The fee for this license is on file in the town clerk's office. Shellfish taken under this license cannot be offered for sale or trade.

Combined total licenses not to exceed cap; exception. The combined total sale of the weekly, monthly and seasonal (this does not apply to town residents) shellfish licenses shall not exceed the cap set forth by the town council. The cap is based on the recommendation of the shellfish commission. The cap will be kept on file in the harbormaster's office.

(4)

Seasonal (summer). Any person may obtain a seasonal license valid during the period May 16 through October 15 of each year. The fee for this license is on file in the town clerk's office. This license is offered on a weekly, monthly and seasonal basis. Shellfish taken under this license cannot be offered for sale or trade.

(5)

Golden license. Any person 65 years of age or older may obtain a golden shellfish license valid during the period May 16 through May 15 of each year. The license must be renewed annually and the fee is on record in the office of the Town Clerk. Shellfish taken under this license cannot be offered for sale or trade.

(6)

Golden commercial license. The town council may, at its will, issue this license to any person 65 years of age or over. This person must meet all requirements as described in subsection (a)(1) of this section, pertaining to commercial shellfish licenses.

The shellfish commission shall recommend to the town council the maximum number of licenses to be issued.

§ 9-141 Form of shellfish license; exhibition; conditions.

[Rev. Ords. 1989, § 9-141; Ord. of 2-16-2000, § 9-141; Ord. of 3-7-2011, § 9-141]

A license is required at age 14. Photo ID is required at age 16 or older when applying for and accepting a shellfish license. The licenses shall be in such form and style as the town council may prescribe. It shall be kept on the person of the licensee at all times as the licensee shall be engaged in shellfishing, transporting shellfish or any activity concerned therewith. It shall be exhibited upon request to any officer of the town. No person shall dig, catch or take any shellfish from the areas of the Great Salt Pond except during the hours between sunrise and sunset.

All persons applying for and accepting a shellfish license agree and the acceptance of such license shall constitute such agreement that he or she shall at any time or place when requested by a shellfish warden, harbor department employee or police officer of the town, permit the officer to inspect any pail, bucket, box, crate, boat or any other vessel, receptacle or container suitable for containing shellfish belonging to him or her or under his control, and shall permit the officer to board any vessel or enter any vehicle or building under his control for such purposes as inspection. Any person refusing to permit such inspection shall immediately forfeit and surrender his shellfish license to the officer and shall not be entitled to a license for the remainder of the year.

§ 9-142 Quantities and restrictions.

[Rev. Ords. 1989, § 9-142; Ord. of 3-3-1992; Ord. of 9-16-1992; Ord. of 5-15-1996; Ord. of 2-16-2000, § 9-142; Ord. of 2-2-2005, § 9-142; Ord. of 3-7-2011, § 9-142]

The following are the daily possession limits for each category as long as the waters are certified by the state department of environmental management for the direct harvest of shellfish:

From sunrise of the third Monday in September through sunrise of the last Saturday in June:

Quantity Limits	Commercial	Taxpayer/Resident	Seasonal
Oysters (in season)	8 quarts	8 quarts	None
Soft-shell clams	1 bushel	8 quarts	8 quarts
Quahogs	4 bushels	8 quarts	8 quarts
Sea clams (skimmers)	4 bushels	8 quarts	8 quarts
Mussels	8 quarts	8 quarts	8 quarts
Scallops (in season)	2 bushels	2 bushels	None

From sunrise of the last Saturday in June through sunrise of the third Monday in September the following are the quantity limits for each license category, but under no circumstances can any person take more than two bushels of shellfish in any one day of the season.

Quantity Limits	Commercial	Taxpayer/ Resident	Seasonal
Oysters (in season)	None	None	None
Soft-shell clams	4 quarts	4 quarts	4 quarts
Quahogs	2 bushels	4 quarts	4 quarts
Sea clams (skimmers)	2 bushels	4 quarts	4 quarts
Mussels	4 quarts	4 quarts	4 quarts
Scallops (in season)	None	None	None

No person shall take and/or possess any oysters and scallops from the Great Salt Pond between June 1 and the first Saturday in November except as allowed by the town/CRMC in permit sites in open waters.

No person having a noncommercial license shall take more than eight quarts in total of the various shellfish listed in subsection (a) of this section. No commercial licensee shall take more than four bushels in a total of the quantities set out in subsection (a) of this section in any one day. No person shall take, retain in his possession or offer for sale any hard shell clams with less than a one-inch hinge width, or soft-shell clam or mussel less than two inches at the longest dimension and oysters no less than three inches at the longest dimension.

Any person taking more than the prescribed quantity within one day or taking or having in his possession shellfish under the minimum size shall, in addition to the fines set out in § 9-147, be fined upon conviction no less than $100 nor more than $200 for each quart or part thereof exceeding the prescribed quantity, or be imprisoned for not more than 10 days.

Wet storage shall be prohibited except by a licensed shellfish dealer in strict compliance with provisions as written and approved by the state department of health. No other type of wet storage is permitted.

§ 9-143 Method and time of taking shellfish.

[Rev. Ords. 1989, § 9-143; Ord. of 2-16-2000, § 9-143; Ord. of 3-7-2011, § 9-143; Ord. No. 2014-09, September 17, § 9-143]

Daylight hours only; nondestructive methods only. Shellfish may only be taken during daylight hours from sunrise to sunset. No person shall take or possess any shellfish from the areas of the Great Salt Pond by any method more destructive to the beds than by hand, oyster tongs, clam forks or rakes, or dip nets. Taking shellfish by dredge rakes or other apparatus operated by mechanical power/sail or hauled by boats is prohibited.

Scuba. No person making use of scuba diving equipment or underwater breathing apparatus shall take shellfish from the Great Salt Pond.

Tongs. No person shall take shellfish or attempt to take shellfish with or have in his possession while in the Great Salt Pond, any tongs constructed with teeth less than one inch apart on the bar or having heads constructed with wires, rods, crossbars, or reinforcement that will form a rectangle smaller than one inch by 2 1/2 inches.

Bullrakes. No person shall take shellfish, or attempt to take shellfish, or have in his possession, any bullrake, the teeth or tines and basket construction of which are closer than one inch apart or having crossbars or reinforcement that will form a rectangle smaller than one inch by 2 1/2 inches. A tolerance of 1/16 of an inch less than the allowable limit will be permitted as a variance in construction. For the purpose of this regulation, a bullrake shall be defined as any curved metal instrument or basket with four or more metal tines (teeth) which is primarily used to harvest bay quahogs.

Shellfish gauge. No person shall take shellfish, or attempt to take shellfish, without having a shellfish gauge to measure shellfish to ensure that those specimens not meeting a minimum size limit stated in this chapter may be returned promptly to town waters. Any person taking or attempting to take shellfish shall have on or in the immediate vicinity of his/her person such required shellfish gauge, and shall present the shellfish gauge upon the request of any shellfish warden, harbors department employee or police officer of the town. A shellfish gauge will be issued by the harbors department upon issuance or renewal of a shellfish license; otherwise a shellfish gauge is available from the harbors department for a fee of $2. The shellfish gauge required in this section must be substantially similar to the shellfish gauge issued by the harbors department.

§ 9-144 Taking finfish.

[Rev. Ords. 1989, § 9-144; Ord. of 2-16-2000, § 9-144; Ord. of 3-7-2011, § 9-144]

At all times the taking of finfish in the Great Salt Pond is prohibited except by hand line or rod and reel or licensed minnow/eel trap or spear. From March 1 until May 15 of any calendar year, the taking of blackback or winter flounder by any means is prohibited anywhere in New Harbor (Great Salt Pond) inside a line from the Block Island Coast Guard dock extending northwest across the channel to Beane's Point and encompassing all of the Great Salt Pond. The size of the fish will be dictated by state law. The size and possession limits of all marine finfish species implemented by the state department of environmental management shall be in effect within the Great Salt Pond. Except when fishing as a licensed commercial vessel, each person fishing from a vessel licensed by the United States Coast Guard to carry passengers for hire and while the vessel is carrying passengers for hire may not possess more than the daily allowed limit of the finfish species possessed set by the department of environmental management for the species. Compliance aboard vessels will be determined by dividing the number of fish on board a vessel by the number of recreational fishermen on board such vessel. Such fish shall not be offered for sale.

§ 9-145 Temporary prohibitions by council.

[Rev. Ords. 1989, § 9-145; Ord. of 2-16-2000, § 9-145; Ord. of 3-1-2006, § 9-145; Ord. of 3-7-2011, § 9-145]

The town council may at any time and from time to time by special order, suspend and prohibit the taking of any one or several types or species of shellfish or finfish for the purpose of conservation and protection of the specified species and to protect the public health. Such order may be made by the council without notice, provided that public notice thereafter shall be made in an appropriate manner. Persons taking or possessing shellfish and/or finfish in violation of this prohibition shall be punished as specified in § 9-147.

The town council may at any time, from time to time by special order, upon recommendation from the shellfish commission, increase or decrease the quantity or size of the taking, of any one or several types or species of shellfish or finfish based on local conditions.

§ 9-146 Enforcement.

[Rev. Ords. 1989, § 9-146; Ord. of 2-16-2000, § 9-146; Ord. of 3-7-2011, § 9-146]

The provisions of this division shall be enforceable by the town's harbormaster, assistant/seasonal harbormasters, shellfish wardens, assistant/seasonal shellfish wardens, the town police department officers, and any other person duly appointed and sworn by the town council for such purpose. Any one of such duly appointed and sworn officers may in view of the commission of any offense against the provisions of this division arrest the offender without warrant and detain him for prosecution not exceeding 24 hours.

§ 9-147 Penalty for violation.

[Rev. Ords. 1989, § 9-147; Ord. of 5-15-1996; Ord. of 2-16-2000, § 9-147; Ord. of 3-7-2011, § 9-147]

Any person violating any provisions of this division may be fined up to $200 and imprisoned for up to three months for any one offense.

State law reference — Maximum fine, G.L. 1956, § 20-3-7.

§ 9-148 Prohibited digging in closed areas.

[Ord. of 2-16-2000, § 9-148; Ord. of 3-7-2011, § 9-148]

No person shall dig, rake or otherwise take shellfish from any area of the town waters that have been closed by the town or any state or federal agency.

Storing or hanging shellfish in any containment system is prohibited in closed waters of the town.

Possession and/or use of shellfish gear in a closed area is prohibited. While transiting a closed area, all shellfish gear must be properly stowed.

Any person violating any provision of this section may be fined up to $200 and/or imprisoned for up to three months for each offense.

The shellfish warden, harbormaster, assistant harbormaster or other duly appointed town official can turn any closed area shellfish violation over to the state department of environmental management conservation officers at his/her discretion.

(f)

Fees and fines are on file in the town hall.

§ 9-149 through § 9-199. (Reserved)

§ 9-200 Permits to conduct activities in the Great Salt Pond.

[Ord. of 1-21-2009, §§ 9-200 — 9-205; Ord. of 5-5-2009]

Background and purpose.

In 1887, the Rhode Island General Assembly ceded to the town all of the right, title, and interest of the state in and to the Great Salt Pond, and all of the land covered thereby (1887 Rhode Island Acts & Resolves, ch. 617, § 1). The town therefore has a direct interest, as owner of Great Salt Pond and the land beneath its surface, in any proposal by any abutting landowner or other person to conduct activities or perform construction or alterations in or on the Great Salt Pond.

All alterations or other activity that may have any environmental effect on the Great Salt Pond are subject to regulation and permitting by state and federal agencies, including the coastal resources management council, the department of environmental management, and the United States Army Corps of Engineers. The town, as the owner of the Great Salt Pond and the land beneath its surface, shall be an applicant for any permit or license to conduct activities or alterations within the Great Salt Pond. The purpose of this section is to provide that the town must be a co-applicant for any permit or license to conduct any activity or alteration on or in the Great Salt Pond that is subject to state or federal regulation, and to provide a procedure by which any persons who or which desire to conduct such alterations or activity may request the town's approval and participation as a co-applicant with such person.

For the purposes of this chapter, the Great Salt Pond shall be defined as all tide-flowed lands, and the overlying waters, up to the line of mean high tide, contained interior to a line drawn from the end of the jetty at the south side of the breachway to the closest point of land on the opposite, north side of the breachway.

Request. Any person wishing to place any structure in, make any alteration to, or conduct any activity within the Great Salt Pond, which placement, alteration, or activity is subject to the regulatory authority of any agency of the state or federal government (hereinafter, "proposed activity"), shall file a written request with the town manager.

Request requirements. A request filed pursuant to subsection (b) of this section shall be in writing, signed by the requesting party, and must include the following:

A detailed written description of the proposed activity;

A copy of all the applications to be filed for the proposed activity with any applicable local, state, or federal regulatory board or agency, including all documents to be filed in support of the applications;

A detailed assessment of the relationship and compatibility of the proposed activity with the town's comprehensive community plan, harbor management plan, and zoning ordinances, as applicable.

Administrative action.

The town manager shall forward the request, when complete, to the planning board, conservation commission, harbors commission, shellfish commission and the harbormaster (hereinafter, "municipal authorities) for review. In connection with their review of the request, the municipal authorities may request additional information from the applicant.

Each of the municipal authorities shall, within 60 days of receipt of the request, provide the town manager an advisory opinion regarding the request. The advisory opinion shall be limited to assessment of the consistency of the proposed activity with the town's comprehensive community plan, harbor management plan, zoning ordinance (appendix E to this Revision), or such other municipal ordinances within the town's police power for the protection of the health, welfare, and safety of the public as are applicable to the proposed activity and within the purview of such municipal authority.

The town manager shall submit the request and all advisory opinions of municipal authorities to the town council, and place the matter on the agenda of the next regular meeting of the town council.

(4)

For any request to conduct maintenance or repairs to existing uses or structures, which request does not include any extension, expansion, enlargement or increase in any existing structure, use or conditions, the town manager may waive subsection (d)(1), (2) and (3) of this section and is authorized to sign such application, without town council action.

Town council action.

The council's review of the request shall be limited to ensuring consistency of the proposed activity with the town's comprehensive community plan, harbor management plan, zoning ordinance (appendix E to this Revision), or other municipal ordinance within the town's police power for the protection of the health, welfare, and safety of the public, as may be applicable to the proposed activity. The town council may vote to approve the request as filed, to approve the request with specified modifications, or deny the request. The town council's decision on a request shall include findings of fact and conclusions of law.